1.1 The Smokeball Community (Community), which is accessible at community.smokeball.com, is owned and operated by Smokeball Pty Ltd ABN 37 133 794 117 (Smokeball) of Level 9, 183 Clarence St, Sydney NSW Australia 2000.
2. Usage of the Community
2.1 Access. The Community is accessible by the public via the Smokeball Websites and by Smokeball clients through the Smokeball app. If you are a public user, you must join the Community to be able to interact with other members. By accessing or using the Community and related services, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must immediately cease accessing and using the Community.
2.2 Purpose. The Community is a place where members can share knowledge, information and experiences about Smokeball legal practice management software, legal industry best practices, and as a forum to help Smokeball users, partners and legal industry members ask and find answers on these topics.
2.3 Community Guidelines. When accessing or using the Community and related services, you must comply with the Community Guidelines, as amended from time to time. The current version of our Community Guidelines is accessible at community.smokeball.com.
2.4 Changes to these Terms and the Community Guidelines. Smokeball may change these Terms and the Community Guidelines from time to time. A current version of these documents will be available on the Smokeball Community accessible at community.smokeball.com/site/terms and in the Community tab of the Smokeball app. You should review the Terms and the Community Guidelines whenever you access the Community to ensure you are aware of any updates. If you do not agree to the changes to these Terms, you must immediately cease accessing and using the Community.
3. Community Limitations
3.1 Relevance.Community content is in English. The Community may not be helpful or relevant to all people. Not all products, services, programs or community suggestions may be relevant or available to Community members or Smokeball users in all countries.You are solely responsible for determining whether the Community is suitable for your purposes. Smokeball does not warrant, guarantee or make any representation that the information supplied on the Community will be suitable for your purposes.
3.2 General information. The content on the Smokeball Forum is provided by Smokeball and by other users for general informational purposes only, and should not be used or replied upon for any other purpose. It is not intended to constitute, or replace, professional advice. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Community. Smokeball is a technology company and not a law firm, and is not regulated by the Law Society of NSW or any other professional body.
3.3 Accuracy. Smokeball does not warrant, guarantee or make any representation about the accuracy, integrity or quality of any content made available by other users of the Community. You agree that you will not rely on any such information or its availability.
3.4 View and opinions. Unless stated otherwise, all views and opinions which are published on the Community are those of the authors and do not necessarily represent the official policy or position of any other author, agency, organisation, employer, government, or company, including Smokeball.
3.6 Links to Third Party Sites. The Community may contain links to third party websites (Third Party Material). Smokeball does not warrant, endorse, or accept any liability for any Third Party Material. Third Party Links are provided solely as a convenience for you. Smokeball does not warrant, endorse, or accept any liability for any Third Party material.
4.1 Content review. Smokeball reserves the right to review any text, images, audio-visual content, documents and other data that you upload, post or make available on or via the Community (your Content) to determine whether the Content complies with these Terms. Although the Community is moderated, Smokeball is under no obligation to you or any other person to oversee, monitor or moderate the Community and Smokeball may stop moderating at any time. You must promptly remove any of your Content that breaches these Terms on notice from Smokeball.
4.2 Content access. Smokeball reserves the right to edit or remove Content temporarily or permanently at any time, at its sole discretion, without notice to you. Smokeball also reserves the right to restrict, suspend or terminate your access to any part, or all, of the Community at any time at its sole discretion and without notice to you.
5. Your Content and licence
5.1 Your Content. Any Content that you post, upload, provide or submit to the Community is owned by you, not Smokeball. You acknowledge and agree that your Content remains your sole responsibility. By uploading or posting your Content on or via the Community, you do so at your own risk and acknowledge that your Content will be exposed to the public. You represent and warrant that you have the rights and interests necessary to upload and distribute your Content on or via the Community.
5.2 Content licence. You grant Smokeball (and its affiliates) a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable and freely transferable right and license to use, adapt, reproduce, translate, create derivative works, copy, distribute, transmit, publicly display, edit, translate and reformat your Content. No compensation will be paid with respect to the use of your Content, and Smokeball has no obligation to post or use any Content you may provide.
5.3 Ongoing usage. Subject to clause 9.2, you agree that your Community account and your Content may be retained by Smokeball even after your use of the Community has ceased.
6. Smokeball’s content
6.1 Our content. The Community consists of, and contains materials that are owned by Smokeball and its licensors. The Community and associated materials provided with the Community are protected by intellectual property laws and must not be used or copied by you except as contemplated by these Terms, or otherwise with the prior written consent of Smokeball.
6.2 Trademarks. The names, images and logos identifying Smokeball and its subsidiaries, partners or third parties and their products and services contained in the Community are proprietary marks and may not be reproduced or otherwise used by you without Smokeball's permission. There is no licence or right (implied or otherwise) conferred for you to use any trademark, patent, design right or copyright of Smokeball or of any third party.
7.General disclaimer of warranties
7.1 Smokeball makes available the Community to you on an “as is” and “as available” basis, and does not guarantee the availability of the Community. Smokeball also makes no representations or guarantees that the Community will be free from errors or omissions or that it will be available uninterrupted and in a fully operating condition.7.2. It is solely your responsibility to maintain adequate anti-virus software on your computer at all times whilst accessing the Community. Smokeball does not warrant, guarantee or make any representation that the Community will be secure or free from bugs or viruses or function without interruption or errors. By accessing the Community, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by the Community, or by any third party content or third party website.
8.Liability and indemnity
8.1 Limitation on liability.To the maximum extent permitted by law, Smokeball will not be liable in any way whatsoever (including for negligence) for:
- any damage (including indirect, incidental, special, consequential or punitive damages) or loss you suffer arising out of, or in any way connected with your use of the Community or Third Party Material, including loss of reputation, loss of business opportunity or goodwill and any damage to your computer, any software or for any loss of data that results;
- any failure, suspensions or termination of access to the Community or any content; and
- any claims brought against you by a third party in connection to with these Terms or your use of the Community.
8.2 Non-Excludable Rights.You may have rights under the Australian Consumer Law or other applicable laws that cannot lawfully be excluded by Smokeball (Non-excludable Rights). To the extent permitted by law, Smokeball’s liability in respect of any Non-excludable Rights shall be limited, at Smokeball’s option, to the supply of the services again, or the payment of the cost of having them supplied again.
8.3 Maximum aggregate liability. Without prejudicing clause 8.1, to the full extent permitted by applicable law, Smokeball's aggregate liability to you for all claims arising under or in connection with these Terms, regardless of the nature of such claim, shall not exceed AUD$10.00.
8.4 Indemnity.You agree to indemnify Smokeball and its directors, officers, employees, contractors, agents and affiliates (those indemnified) against any loss, damage or expense incurred by those indemnified arising out of:
- your acts or omissions, and the acts or omissions of any person you allow to access the Community using your login credentials (if applicable), whether deliberately or otherwise, including your misuse of the Community or the information accessible through the Community;
- your action, inaction, delay or breach of your obligations under these Terms or your breach of any warranties under these Terms; and
- any third party claim of infringement of copyright or other intellectual property rights arising from the hosting of your Content on the Community or the actual use of your Content by other users of the Community or by Smokeball in accordance with these Terms.
Smokeball holds the benefit of the indemnity in this clause 8.4 for the benefit of itself and on trust for each other indemnified person and each of those persons is entitled to receive the benefit of this clause.
9. Account deletion and termination
9.1 No multiple accounts. You must not maintain multiple accounts on the Community. If Smokeball detects multiple accounts for the same user, all secondary accounts will be banned.
9.2 Your community account removal. At any time you can write to Smokeball Community Teamfrom the email address associated with your Community account and request that your account be deleted. Smokeball is not obligated to automatically delete your Smokeball Forum account, unless requested by you.
9.3 Discontinuation. Smokeball may in its sole discretion, and at any time, discontinue providing the Community, or any part of it, with or without notice.
9.4 Termination. Smokeball reserves the right, in its sole discretion, to terminate your Community account or take such other action as necessary if you breach these Terms or the Community Guidelines. This includes reporting any such breaches to the relevant authorities or taking such other action as necessary (including court action).
10.1 These Terms are governed by the laws of NSW, Australia and you submit to the exclusive jurisdiction of the courts of NSW, Australia.
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